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These are all original case digests or case briefs done while the author was studying law school in the Philippines.

Hopefully these digested cases will help you get a good grasp of the salient facts and rulings of the Supreme Court in order to have a better understanding of Philippine Jurisprudence.

Please forgive any typo/grammatical errors as these were done while trying to keep up with the hectic demands brought about by the study of law.

God bless!

UPDATE:
Since the author is now a lawyer, this blog will now include templates of Philippine legal forms for your easy reference. This blog will be updated daily.

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Tuesday, October 17, 2017

RE: REQUEST OF ATTY. BERNARDO ZIALCITA, 190 SCRA 851 (TAX)


Since terminal leave is applied for by an officer or employee who has already severed his connection with his employer ans who is no longer working, then it follows that TERMINAL LEAVE PAY, which is the cash value of his accumulated leave credits, should not be treated as compensation for services rendered at that time. It cannot be viewed as salary for purposes which would reduce it. There can be no "commutation of salary" when a government retiree applies for terminal leave because he is not receiving it as salary. what applies for is a commutation of leave credits. It is an accumulation of credits intended for old age or separation from the service. Hence, Section 286 of the Revised Administrative Code is not applicable. It cannot be construed as limiting the basis of the computation of terminal pay to monthly salary only. 

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